Between the September 2019 and May 2020, over 70 neighbors, 5 neighborhood association and a church participated in an administrative appeal process regarding a site plan application for a 93-unit, 3-story multi-family apartment complex at Alameda and Barstow NE. On May 18, 2020, the City Council denied the neighbors appeal and upheld the Development Review Board (DRB) decision and subsequent Land Use Hearing Officer (LUHO) recommendation to approve the site plan application. On June 17, 2020, a legal appeal of the City Council decision was filed in District Court.
On November 12, 2020, a Statement of Appellant Issues (SOAI) was filed on behalf of the appellant group. The 35-page SOAI is based on the record of the proceedings and details eight specific concerns. N.M. Rule for Civil Proceedings in District Court 1-074(R) establishes the standard of review for this administrative appeal.
R. Standard of review. The district court shall apply the following standards of review:
(1) whether the agency acted fraudulently, arbitrarily or capriciously;
(2) whether based upon the whole record on appeal, the decision of the agency is not supported by substantial evidence;
(3) whether the action of the agency was outside the scope of authority of the agency; or
(4) whether the action of the agency was otherwise not in accordance with law.
Following the SOAI filing on behalf of the appellants is a 30-day period for the opposing parties in the suit to file a response.